THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES AND REGULATIONS ISSUED THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1. USE OF THE SITE - We grant you a non-exclusive, non-transferable and limited personal license to access and use the Site. This license is conditioned on your continued compliance with these terms and conditions. You agree not to permit others to access the Site and not to redistribute, copy, reproduce, republish, upload, post, publicly display, encode, translate or transmit any information or material made available through the Site to others. If you have been assigned any passwords, encrypted keys or secure ID devices or other methods permitting your access and use of the Site (“Secure Access Means”), you agree and will procure that all Secure Access Means shall be kept strictly confidential and shall not be disclosed to or shared with third parties. You shall promptly notify us of any loss or theft of Secure Access Means, and any actual, suspected or potential unauthorised use of the Site.
You agree and undertake to comply with any and all procedures, requirements, restrictions, instructions or any additional conditions pertaining to the access and use of the Site as we may issue from time to time. You agree to adhere to all applicable laws and all such regulations, guidelines and rules as may be prescribed from time to time by any regulatory body.
Without prejudice to the above, you agree, undertake and confirm that your use of Site shall be strictly governed by the following binding principles:
You will not post content that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights;
(d) violates any law for the time being in force;
(e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(f) impersonates another person;
(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You hereby represent and warrant that you are solely responsible and liable for every material or content uploaded on the Website and We assume no responsibility and assume no liability for your use of the Site or for any content submitted by you or any third party on the Site.We do not review/assess or filter the contents in any way before they appear on the Website. We do not verify, endorse or otherwise vouch for the contents of any User or any content generally posted or uploaded on the Website. You hereby agree and acknowledge that you can be held legally liable for the contents and may be held legally accountable if your contents or material include, for example, unlawful, harmful, threatening material or infringes intellectual property rights of any third party.
6. DISCLAIMER OF WARRANTIES - This information is provided to you "as is," and you agree to use it at your own risk. We make no representation, take no guarantee or warranties of any kind, express or implied, arising by law or otherwise, as to the accuracy, timeliness, or completeness of the Website, its content, products and /or services. We periodically amend, change, add, delete, update or alter the information, including, without limitation, the terms, at the Website without notice. Further, We assume no liability or responsibility for any errors or omissions in the content of the Website. We do not warrant that this site; its content, information, Submissions, materials, product (including software) or services included on or otherwise made available to you through the Site; their servers; or electronic communication sent from Us are free of viruses or other harmful components.We specifically disclaim any duty to update the information on the Website. You are responsible for verifying all information listed on this Website.
All materials, information, products and/or services included in or available through this Website (the "Content") are provided "as is" and "as available" for your use. The Content is provided "as is" and without warranties of any kind, either express or implied. If you are registering an account or using the Website on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf.
The information and materials made available through the Site are for your private information only, and we are not soliciting any action based upon it, and does not constitute an offer, invitation, solicitation of any offer or advice to enter into any transaction in any jurisdiction. It is clarified that the granting of access to the Site does not in any manner constitute the awarding of any contract to you by Nomura.
7. LIMITATION OF LIABILITY - Use of this Website is at your sole risk. While We make reasonable efforts to ensure the safety and functionality of our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL NOMURA OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. NOMURA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS WEBSITE/ APPLICATION.
8. INDICATIVE TERMS - In the event that you enter into any transaction with a member of the Nomura Group in connection with matters pertaining to the Site, such transaction shall be governed by, and construed in accordance with, its terms, subject to one or more separate agreements (“Start-up Agreement”) between you and such member of the Nomura Group that applies to the relevant transaction. If there is a conflict between these terms and conditions and the terms of the applicable Start- up Agreement, the terms of such Start-up Agreement shall prevail in relation to the transaction. Any information and materials made available through the Site shall not in any circumstance form any representation, warranty or inducement in respect of any transaction later entered into between you and any member of the Nomura Group.
9. ADVERTISING MATERIAL - Some part of the Website may contain advertising information or promotion material or other material submitted to Us by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material and Nomura disclaims any and all liability in respect thereof. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.
10. TYPOGRAPHICAL OR OTHER ERRORS - While We take reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the contents of this Website at any time without notice to you. While We make reasonable efforts to prevent unauthorized tampering with the Website, We do not guarantee that our efforts will always be successful. Therefore, as set out below, We do not warranty that the Website materials will be error-free, and disclaim any liability for such errors.
11. INTELLECTUAL PROPERTY RIGHTS - Nomura is the owner and operator of the Site. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Nomura owns all intellectual property rights to and into the Site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, software (including but not limited to source code, object code, executable code), meta tags, databases, text, architecture, content, graphics, icons, hyperlinks, user experience, application programming interface, various applications and modules, documentation, flow charts, design documents relating thereto in all languages and media, tools and methodologies in either printed or machine-readable form and all other intellectual property and/or proprietary rights, in each case whether registered or unregistered. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in Nomura as the owner of such domain name. You agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in your name and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control.
Unless specifically requested, We do not wish to receive any confidential, secret or proprietary information or other material from you. By submitting or sending information or other material to Us, you represent and warrant that the information is original to you and that no other party has any rights to the material/ content of this Site. By submitting or sending information or other material to Us, you grant Us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, rearrange, alter, adapt, publish, translate, create derivative works from, distribute, perform, broadcast and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.
You expressly agree that in accepting these terms and conditions, we may transfer any information collected from you to the following parties (wherever they are located) in relation to any of the purposes set out in the paragraph above:
(a) any agents, contractors or third party service providers who provide services to the Nomura Group in relation to its operations and business;
(b) any proposed or actual transferee of our business or part thereof, and/or of our rights and obligations under these terms and conditions;
(c) any legal, regulatory or other entity of competent jurisdiction, and any person or entity to whom we are under an obligation to disclose information pursuant to a binding legal obligation;
(d) any entity or person who has undertaken to us to keep the information confidential;
any entities in the Nomura Group.
13. INDEMNITY - You agree to defend, indemnify, and hold harmless Us, our employees, contractors, officers, directors, agents, our affiliated companies, suppliers, successors, and assigns from all liabilities, claims, losses, damages, demands and expenses, including reasonable attorney's fees, made by any third party that arise in any way from (a) your access to the Website, use of the Website and supply of any content/Submissions on the Site, (b) your use of any intellectual property or other right of any person or entity and/or (c) breach of law, rules, regulations, legal requirements. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct. The indemnities under this clause are in addition to and without prejudice to the indemnities given elsewhere on this website or under agreement entered into between you and Nomura.
14. INDEPENDENT CONTRACTORS - The relationship established herein by using this Website shall be construed as that of independent contractors and nothing contained in this terms shall be construed to: (i) give either party the power to direct and control the business activities of the other, (ii) constitute the parties as partners, joint ventures, agents, employer/employee or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party. All references to “Partners” / “Partnership in the Website are generic and do not suggest the creation or existence of a legal partnership. Neither you nor Nomura owe a fiduciary duty to the other.
15. TERM AND TERMINATION - We may terminate the license granted under these terms and conditions at any time. Upon such termination, you agree to terminate access to the Site. Notwithstanding such termination, you will continue to be bound by these terms and conditions to the extent that they relate to any of your obligations or liabilities which remain to be performed or discharged
If any provision of these terms and conditions is found to be invalid, unlawful or unenforceable in whole or in part by any court or authority of competent jurisdiction, such provision or part thereof shall be deemed not to form part of these terms and conditions, but shall not affect the legality, validity or enforceability of the remainder of these terms and conditions.