Home
  About Us
  Services
  Terms & Conditions
  Payment Details
  Contact Us
  Registration
  News/Announcements
   
   
   
 
     
  TERMS & CONDITIONS  
     
 
(1) ACCEPTANCE OF TERMS
Welcome to ICAI, Ernakulam ("ICAI,Ernakulam", "we" or "us" as the case may be) provides the Service (defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http:/www.ekmicaicpt.org/terms. The following terms & conditions are been entered into between ICAI, Ernakulam and the student.

When using particular ICAI, Ernakulam services or third party services, you and ICAI, Ernakulam shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules, which maybe subject to change, are hereby incorporated by reference into the TOS. ICAI, Ernakulam also may offer other services from time to time that are governed by different Terms of Services. These TOS do not apply to such other services that are governed by different Terms of Service.
(2) DESCRIPTION OF SERVICE
ICAI, Ernakulam currently provides users with access to www.ekmicaicpt.org (the "Service"). The Service (or parts of it), at ICAI,Ernakulam’s discretion, may be accessed or made available through the site mentioned above. You also understand and agree that that the Service may include certain communications from ICAI, Ernakulam such as service announcements, administrative messages and the ICAI, Ernakulam these communications are considered as part of the ICAI,Ernakulam. In order to use the Service, you must obtain access to the site by paying the registration fees and pay any service fees associated with such access to the Service in accordance with the applicable payment terms. Such fees and payment terms may be changed from time to time, and such changes will be notified to you, whether by email or by notices or links to notices on the Service or by other appropriate means. You also acknowledge that we are not responsible or liable in any way for your access to the Service or your use of any Channels. In addition, you must provide all equipment necessary to use the relevant site, including a computer and modem, mobile telephone or other appropriate access device, and you must pay any fees applicable to the use of such Channel. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service by any Channel whatsoever. If any alteration in the whole or any part of Service requires changes in your hardware, software or other equipment, you must effect these changes at your own expense. We will inform you of any such alterations in the Service in advance, whether by email or by notices or links to notices on the Service or by other appropriate means.
 
(3) YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b)maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ICAI, Ernakulam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ICAI, Ernakulam has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our users, particularly students.
 
(4) MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ICAI, Ernakulam of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ICAI, Ernakulam cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (4).
 
(5) MEMBER CONDUCT
You understand and acknowledge that all information, data, text, software, other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the ICAI Ernakulam. Under no circumstances will we or our licensors, suppliers, vendors, affiliates, officers, agents or employees, as the case may be, be liable in any way for any misconduct , any exposure to offensive, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
  2. impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a ICAI, Ernakulam official, forum leader, guide or host;
  3. forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any Content transmitted through the Service
  4. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships
  5. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  6. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities , any rules of any Indian securities exchange and any regulations having the force of law;
  7. commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than ICAI, Ernakulam! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or ICAI, Ernakulam! removes such Content from the Service.

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than ICAI, Ernakulam! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
 
(6) CONTRIBUTIONS TO ICAI,ERNAKULAM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ICAI, Ernakulam through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ICAI, Ernakulam is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ICAI, Ernakulam shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media (d) ICAI, Ernakulam may have something similar to the Contributions already under consideration or in development (e) your Contributions automatically become the property of ICAI, Ernakulam without any obligation of ICAI, Ernakulam to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ICAI, Ernakulam under any circumstances.
 
(7) NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
 
(8) GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ICAI, Ernakulam may, in its sole discretion, establish general practices and limits concerning use of the Service. An email message that may be sent from or received by an account on the Service, the maximum number of test (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that ICAI, Ernakulam reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ICAI, Ernakulam reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that we reserve the right to modify these general practices and limits at any time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
 
(9) MODIFICATIONS TO SERVICE
ICAI, Ernakulam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only You agree that ICAI, Ernakulam shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the Service.
 
(10) TERMINATION
You agree that ICAI,Ernakulam, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ICAI,Ernakulam, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of the TOS or that you are a repeat infringer of intellectual property rights. ICAI, Ernakulam may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, whether for selected or all Channels. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ICAI, Ernakulam may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ICAI, Ernakulam shall not be liable to you or any third-party for any termination of your access to the Service.
 
(11) ICAI,ERNAKULAM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software or the Content (excluding Content owned by you), in whole or in part ICAI, Ernakulam grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ICAI, Ernakulam for use in accessing the Service.
 
(12)DISCLAIMER OF WARRANTIES
You expressly understand and agree that
  1. Your accessing or use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement
  2. ICAI, Ernakulam and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranty that
    1. The service will meet your requirements
    2. The service will be uninterrupted, timely, secure, or error-free
    3. The service will be accessible at any time or at all times via the channel selected or used by you,
    4. The information, content or advertisements (collectively, the "materials") contained on, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable.
    5. The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service ("the products") will meet your expectations
    6. Any errors in the software will be corrected
  3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, or other access device or loss of data that results from the download of any such material
  4. Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials.
  5. No advice or information, whether oral or written, obtained by you from ICAI, Ernakulam or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees or through or from the service shall create any warranty not expressly stated in the TOS
 
(13) LIMITATION OF LIABILITY
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, have been advised of the possibility of such damages), resulting from
  1. The service, the materials and the products
  2. The use or the inability to use the service
  3. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
  4. Unauthorized access to or alteration of your transmissions or data;
  5. Statements or conduct of any third party on the service;
  6. Any goods or services disposed of or messages sent or received using the service; or
  7. Any other matter relating to the service, the materials or the products
 
(14) NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
 
(15) NOTICE
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
 
(16) GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and ICAI, Ernakulam and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOS do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Governing Law and Jurisdiction. The TOS and the relationship between you and ICAI, Ernakulam shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and ICAI, Ernakulam agree to submit to the personal and exclusive jurisdiction of the courts located at Ernakulam.
Waiver and Severability of Terms. The failure of ICAI, Ernakulam to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
No Right of Survivorship and Non-Transferability. You agree that your ICAI, Ernakulam account is non-transferable and any rights to your ICAI , Ernakulam ID.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
 
 
     
 
 
© Copyright 2008-2009 icaiacademic.org. All rights reserved
 
Created and maintained by e2Mars