You may accept this Agreement only if, (a) if You are a natural Person, You are of the legal age, eligibility and mental capability to form a binding contract; (b) if You are a juristic Person, are lawfully existing and have all the authorizations, permits and allowances to enter into this Agreement and form a binding contract; and (c) You are not legally barred or restricted from using or accessing Our Website. We do not want any Person to access or use Our Website if such Person does not understand, approve of or accept each and every term specified in this Agreement.
You will be deemed to have accepted this Agreement by using or accessing Our Website in any manner, including accessing the content on Our Website, making online applications for hiring or internship through Our Website, sending any messages or documents to Us through Our Website, locating Our offices through Our Website, visiting third party platforms through Our Website, downloading any information from Our Website, accessing the updates or www.lexingenious.blog, as provided by Us from time to time (hereinafter, “Our Blog”) through Our Website, subscribing to updates on Our Website or simply surfing Our Website.
Provision of Our Website
Provision of Our Website to You is subject to Your acceptance and approval of this Agreement. You are requested not to use and/ or access Our Website and/ or any part thereof if You do not approve of, agree with and accept each and every term of this Agreement.
The information provided on Our Website is information generally available in public domain which has been consolidated on Our Website for Your easy access and understanding, and is intended and believed to be reliable, but not promised or guaranteed, to be correct, complete, and up-to-date at all times.
If You choose to subscribe to Our Blog or updates, We will require You to provide specific information like Your e-mail ID, where we can send you the subscribed content. You agree and understand that subscription of any content is not provided by Us to You unless You provide Your details and become a subscriber on Our Website or Our Blog.
If You choose to reach out to Us through Our Website by filling contact forms, applying for internship, applying for a job or sending messages in any form, We reserve the right to contact You as per the information provided by You. If We reach out to You on the basis of information provided by You then such action will not deemed to be solicitation.
Provision of subscribed content or Us reaching out to You, is dependent on the information that You provide to Us. You will ensure that all such information provided by You is always true, accurate, complete and updated.
We may stop provision of Our Website, permanently or temporarily, to You or to Users generally, or may modify or change the nature of Our Website at Our sole discretion, without any prior notice to You.
Your use of Our Website
In order to use and access Our Website effectively, You will require accessing Our Website through internet. Our Website is provided on ‘as-is’ basis. We may update Our Website from time to time and consequently may temporarily cut or restrict Your access to Our Website.
You agree to use Our Website only for such purposes as is permitted by (a) this Agreement; and (b) if You are a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, or in which You are a resident, or from where You access Our Website; or (c) if You are a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where You are registered, where You maintain Your principal office or from where You access Our Website.
You will solely be responsible for maintaining the privacy and confidentiality of Your access details (user ID, password etc.) to where We deliver any content based on the information provided by You. Any access to or use of content delivered to You will be construed as access or use of such content by You.
You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person, including Us and/ or Our team.
Restrictions of use of Our Website
You will not use Our Website or any content thereof for any purpose that is illegal, unlawful or prohibited by this Agreement. You will not:
- attempt to engage or engage in any activity that may reverse engineer, decompile or otherwise extract the source code(s) related to Our Website or any part thereof, unless it is expressly permitted by Us in writing or is required by applicable law;
- use any robot, spider, retrieval application, or other device to retrieve or index any portion of Our Website;
- register on or access Our Website by automated means or under false or fraudulent pretences for using Our Website;
- attempt to engage or engage in any activity that may transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through Our Website;
- use Our Website in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to Our Website, or interfere with any other third party’s access to and/or use of Our Website;
- carry out any denial of service (DoS, DDoS) or any other harmful attacks on Our Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to Our Website or any part of Our Website; or
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Our Website or any content available on Our Website.
You will not circumvent or disable any digital rights management, usage rules, or other security features of Our Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of Our Website; and not use Our Website in any manner that threatens or is likely to threaten the integrity, performance or availability of Our Website to You or to other users generally.
Your relationship with Us
Provision of Our Website does not amount to the creation of an attorney-client relationship or institution of agency between Your and LI. Your receipt or use of Our Website or the content therein, any transmission of content through Our Website (by You or by Us), any transmission of content by Us in response to information provided by You through Our Website, or any transmission of content by You using the information provided through Our Website, will not create or constitute an attorney-client relationship or imply existence of attorney-client privilege.
Intellectual Property and Data Ownership
Ownership of all intangible and/ or intellectual property developed, created or existing on Our Website, including copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing (and including any data generated pursuant to Your use of Our Website) shall ab initio rest with Us and/or Our third party service providers. Nothing in these Terms shall be construed as granting of any implied licenses by Us and all rights not expressly granted to You are reserved solely by Us.
All third parties owning any intellectual property have a right to take appropriate actions against You in case of any violation, infringement or passing off by You. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You or other users.
Privacy and Confidentiality
You are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that You use to access Our Website or any part thereof. You are solely responsible for all activities that occur with use of Your online accounts or devices through which You access Our Website. If You become aware of any unauthorized use of Your online accounts or devices, then You may immediately notify Us at firstname.lastname@example.org and the relevant authorities.
We discourage and advise against the transmission, receipt and/ or sharing of sensitive, confidential and privileged business information on or through Our Website. You agree that Your use of Our Website shall be entirely at Your own risk and judgment.
Limitation of Our Liability
We do not warrant that all the information contained on Our Website is accurate or complete, and hereby disclaim any and all liability to You or any other Person for any loss or damage caused by errors or omissions, regardless of whether such errors or omissions result from negligence, accident or any other cause. We do not assume any liability for Your interpretation, inference, perception and/ or use of the information or content of Our Website, nor do we offer a warranty of any kind, either express or implied. We reserve the right to add, alter, modify, change, update or vary the content, information or material available on Our Website without any prior notice to You.
Our Website is provided in ‘as-is’ basis and Use of Our Website by You is entirely at Your own risk. We will not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of Our Website.
We will not be responsible for any content, services, privileges available or offered on third party media platforms through Our Website or by any other Person through linking such content, services and privileges to Our Website and We shall not be liable for the authenticity and availability of such content. We do not control actions of other People and do not guarantee the accuracy, integrity or quality of any content or information posted, reproduced or replicated by them on the third party media platforms about Us or Our Website.
We will not be liable for any acts or omissions of any third party, or for any unauthorized interception of Our Website or any breach of this Agreement attributable in full or in part to the acts or omissions of third parties, or damages associated with features that We do not furnish, or damages that result from the operation systems, equipment, facilities or services provided by third parties to Us or to You.
Our Website and/ or content therein may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not endorse or support such third party links or the information, products and/ or services they provide, hence, We shall not be responsible or liable for the content, availability, accuracy or authenticity of such third party links.
We disclaim all warranties in relation to Your access to or provision of Our Website, whether express or implied, including but not limited to (a) Our Website being constantly available or available at all; (b) Our Website being always functional without any disruption, delay or error; (c) Your ability to use Our Website, directly or indirectly; (d) Your satisfaction with Our Website; (e) the accuracy of the data provided through Our Website; (f) that all bugs or errors in relation to Our Website will be fixed or corrected; (g) Our Website will be compatible with all devices, all networks and all browsers; (h) that use of Our Website is fit for a particular purpose or use, except as provided herein; or (i) that Our Website and its contents are accessible at every location.
Representations and Warranties
You represent and warrant that: (a) You are lawfully existing under applicable laws and have full power and authority to enter into, execute and deliver this Agreement; (b) You have all necessary and valid authorizations required for performance of Your obligations under this Agreement; (c) this Agreement constitutes a legal, valid and binding obligation on You, enforceable against You; (d) You have accepted this Agreement relying on Your own business judgment and You have not been induced by any Person; and (e) execution, delivery and performance of this Agreement by You shall not (i) violate any provision of the territorial and/ or jurisdictional laws applicable to You; (ii) conflict with or result in material breach or violation of any terms, or constitute default under any other agreement by which You are bound; (iii) violate any order, judgment or decree against, or binding upon You; or (iv) violate any law or regulation of India or any other country in which You maintains Your principal office (in case You are a corporate Person) or of which You are a citizen and a resident (in case You are a natural Person).
You will defend, indemnify and hold Us harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Us (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) Your unauthorized, illegal and/ or unlawful access to or use of Our Website; (b) Your breach of any rules, regulations and/ or orders under any applicable law; and (c) Your breach of any obligation under this Agreement. Any violation of this Agreement by You may result in a legal liability upon You and nothing in this Agreement shall be deemed to confer any rights to any third party or any other Person, not expressly granted such rights herein.
Governing Law and Jurisdiction
Our Website and the content herein may be provided through, and Our Website may be controlled and operated from and through, any country and may be subject to the laws of that country. When You accesses Our Website from any location, then, You are responsible for compliance with the local laws applicable to You. We make no representations that the information, material and content contained on Our Website is appropriate, accurate or permitted for use in jurisdictions outside India.
This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at New Delhi, India.
If any provision of this Agreement is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected. Any act of either Us or the User, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.
Waiver by Us of any one default of any one User will not waive subsequent defaults of the same or different kind, by the same or different User, and no failure or delay of Us to exercise or enforce any of its rights hereunder shall act as a waiver of those rights.
We may post notices within Our Website or send You notices on the e-mail address (or other contact details) that You shared with Us. You will deemed to have received such notices, if sent via e-mail, within 24 (twenty four) hours of Us sending the notice. Your use of Our Website after the notice was sent to You, shall constitute acknowledgement and acceptance of the notices sent to You.
Provision of Our Website, or any information or content available therein, is not an advertisement, invitation, personal communication, solicitation or inducement of any sort whatsoever from Us to solicit any work or clients through Our Website. You agree that any information obtained or materials downloaded or content accessed from/ through Our Website is solely voluntary and absolutely at Your own volition.
The information, software, products, services and content forming parts of Our Website have been contributed by various Persons and may include inaccuracies or typographical errors.
We shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive content of third parties. We disclaim any responsibility for any harm or loss resulting from the use of Our Website, or from any downloading of content from Our Website.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS” AND US DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF ACCURACY, CORRECTESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF OUR WEBSITE AND/ OR OUR BLOG AND/ OR CONTENT PROVIDED THROUGH OUR WEBSITE AND/ OR OUR BLOG.
We reserve the right to add, alter, modify, change, update or vary the terms of this Agreement without any prior notice to You, subject to applicable law. Your use of Our Website following any such modification or alteration of the terms of this Agreement will constitute Your deemed acceptance of such modified version of this Agreement.
Definitions and Interpretation
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
“User”, “You” or “Your” shall mean any Person who or which accesses or uses Our Website or Our Blog or any content thereof, as provided from time to time.
Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise. Headings and captions are used for convenience only and not for interpretation of the Agreement. Any reference to a natural Person shall, include his/ her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
Last Updated on: July 1, 2020.