Terms & Conditions
DataGemba.com website’s Terms & Conditions
By accessing and using the Data Gemba website, datagemba.com (the “Web Site”), you are agreeing to be legally bound by these Terms & Conditions. The terms “you” and “User” refer to anyone who accesses the Data Gemba website.
Data Gemba may change these Terms & Conditions at any time without notice. All the changes will be posted on www.datagemba.com under “Terms & Conditions”.
Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.
1. use of the Data Gemba website
Data Gemba hereby grants you a non-exclusive, non-transferable, limited license to access and use the website for the fees, if applicable, and under the terms set forth below.
The website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Data Gemba concern person.
The Content is the exclusive property of Data Gemba or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the website may be registered or unregistered marks of Data Gemba or others. Nothing contained on this website should be construed as granting any license or right to use any of the Marks displayed on the website without the express written permission of Data Gemba or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Data Gemba material, please contact at [email protected]
You may not use the website for any unlawful purpose. You shall honor all reasonable requests by Data Gemba to protect Data Gemba’s proprietary interests in the Data Gemba website.
2. Limitation of Liability
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the website.
All the contents of this website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision and you should consult an appropriate professional for specific advice tailored to your situation.
The Data Gemba’s company profile data is collected, compiled from public search, information available in public domain, proof lists, business directories, business papers, magazines and from the companies listed with Registrar of Companies. As such much of the Data Gemba’s data is provided, collected to Data Gemba’s from various sources. We are not claiming the accuracy and completeness of the information . Although Data Gemba undertakes to use all reasonable endeavours to ensure that the information is as accurate as is commercially possible,Data Gemba accepts no liability for the currency, usefulness or any inaccuracy of the Data Gemba’s data available on its website.
Data Gemba’s Services are made available on an “as is” basis without any warranties, terms or conditions of any kind, including (without limitation) warranties, terms or conditions as to satisfactory quality, merchantability, fitness for purpose or compliance with any description or generally as to the quality of the Data Gemba’s Services, Data Gemba’s Data, Third Party Content or any information obtained using the Data Gemba’s Services whether express or implied, statutory or otherwise which are hereby expressly excluded to the fullest extent permitted by law.
Data Gemba’s has no control over the accuracy of such information on its pages, and material on the datagemba.com website may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the website content including but not limited to website content based decisions resulting in loss of data, revenue, profits, property etc.
The user acknowledges that Data Gemba has no control over the content of compiled information made available over the Data Gemba’s service and as such Data Gemba’s accepts no liability for the currency, usefulness or any inaccuracy of the Data Gemba’s service and any other information made available as part of that service.
The user acknowledges that it must use its own skill and judgment when using the Data Gemba’s services and that it uses the Data Gemba’s service at its own risk. Any use to which the user puts information obtained from or through the Data Gemba’s services (including, without limitation, all information, company profiles, name and or other information obtained from the Data Gemba’s services) shall be the discreet responsibility of the user.
The user hereby indemnifies Data Gemba against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the Data Gemba’s Data or the Data Gemba’s services by the user including, without limitation, in respect of all information, company profiles, name and or other information and other information provided as part of the Data Gemba’s services, any action or claim by any supplier to which requests for information are submitted or any regulatory fines.
The user acknowledges that the Data Gemba’s services may not contain or identify relevant information that is not relevant to the user. The user shall use its own skill and judgment to evaluate the results of the Data Gemba’s services and it shall not hold Data Gemba’s responsible for any internal or external costs (including, without limitation, all external consultancy and internal management costs) incurred as a result of utilizing and responding to incorrect/irrelevant information or acting on any other information obtained from the Data Gemba’s services. Furthermore, the user shall not hold Data Gemba’s liable for lost business opportunities or any other potential losses resulting from relevant information failing to be identified by the Data Gemba’s services.
The user further acknowledges that Data Gemba has no control over the content of emails sent using the Data Gemba’s data, their attachments or any responses thereto and as such Data Gemba’s accepts no liability for any of the same. The user additionally acknowledges that Data Gemba and the Data Gemba’s are solely facilitating and providing information contents and that Data Gemba will have no contractual involvement in any transaction between the user and any of supplier companies. Accordingly, the terms and conditions of any supply and any dispute between the user and any supplier are solely the user’s responsibility.
Due to the nature of interactive services and the internet generally, Data Gemba gives no warranty or commitment that use of the Data Gemba’s services will be free from interruptions or errors and Data Gemba shall have no responsibility or liability in respect of or arising out of any communications or network defects, delays or failures (whether temporary or otherwise) while using the Data Gemba’s services.
The user clicking on certain links within this site might take the user to other sites and Data Gemba shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such sites.
The Data Gemba shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall Data Gemba be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, whether based upon breach of contract, torturous behavior, negligence, or under any other cause of action.
Data Gemba shall under no circumstances be liable to the user in respect of any claim by the user for indirect or consequential loss or damage (including loss of profits data, contracts, revenue or goodwill), whether or not caused through negligence, relating to the Data Gemba’s data or any other information provided or received as part of the Data Gemba’s services (including, without limitation, any results of compiled information), or its use by the User. Data Gemba shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations here under caused by circumstances beyond its reasonable control.
That in any case the liability of Data Gemba shall in no event exceed the actual price paid for the chargeable services (as defined in user contract) and in the case of free user, Data Gemba shall not be held liable for any improper information and shall assumes no responsibility for anyone’s use of the information.
3. Links to other websites
You may, through hypertext or other computer links, gain access to web sites operated by persons other than Data Gemba. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that Data Gemba is not responsible for the content or operation of such web sites, and that Data Gemba shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that Data Gemba endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Data Gemba Web Site.
4. The user’s content
The user grants to Data Gemba the non-exclusive right to use all material entered into the Data Gemba website by the user (other than third-party material transmitted through private electronic mail) in any of The Data Gemba’s print or electronic publications (“Other Content”).
Users entering material into the Data Gemba website are responsible for the other content. Neither Data Gemba has any responsibility for Other content, including the content of any messages or information posted by users or others, or for the content of information accessible via direct or indirect hyperlinks from the Data Gemba website. However, Data Gemba retains the right, which it may or may not exercise in its sole discretion,to review, edit, or delete content that Data Gemba deems to be illegal,offensive, or otherwise inappropriate.
You may not input or distribute any material through the Data Gemba website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Data Gemba.
The User agrees to indemnify Data Gemba from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that Data Gemba, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the user’s breach of this agreement; or (ii) material entered into the Data Gemba webssite with the use of the user’s screen name or password.
5. Additional legal terms
This agreement will continue until terminated by either Data Gemba or you. Either party can terminate the agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
Data Gemba may discontinue or change the Data Gemba website or its availability to you, at any time.
This agreement constitutes the entire agreement between the parties relating to the Data Gemba website and supersedes any and all other agreements, oral or in writing, with respect to the Data Gemba website. The failure of Data Gemba to insist upon strict compliance with any term of this agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India and subject to jurisdiction of courts of New Delhi, as if the agreement was a contract wholly entered into and wholly performed within New Delhi, and any litigation related to this agreement shall be brought exclusively in the courts of New Delhi. All rights not expressly granted herein are reserved.
6. Anti hacking provision
You expressly agree not to use this website in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:
(1) use the website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
(2) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, ac-quire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Web Site without prior express written consent;
(3) obtain or attempt to obtain through any means any materials or information on the website that have not been intentionally made publicly available either by their public display on the website or through their accessibility by a visible link on the website;
(4) in any way bypass or circumvent any other measure employed to limit or prevent access to the website or its content;
(5) violate the security of the website or attempt to gain unauthorized access to the website, data, materials, information, computer systems or networks connected to any server associated with this website, through hacking, password mining or any other means;
(6) interfere or attempt to interfere with the proper working of the website or any activities conducted on or through the website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the website;
(7) take or attempt any action that, in the sole discretion of this website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or such operation’s infrastructure.
All right reserved to www.datagemba.com