Terms & Conditions
This Agreement is made, entered into and executed at Mumbai, Maharashtra, India on 1.12.2022 (hereinafter referred to as the “Effective Date”)
M/s Business Upturn, a partnership firm (hereinafter referred to as “BusinessUpturn“) AND Yourself (hereinafter referred to collectively as “User“). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these terms and conditions, in which case the term “User” shall refer to such entity.
WHEREAS the BusinessUpturn acts as a platform which provides informative / news content for Users;
AND WHEREAS the User(s) wishes to avail products and/or services through BusinessUpturn platform;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, BusinessUpturn and the User, intending to be legally bound, hereby agree as follows:
- “Content” means all information (as defined under IT Act), data, text, sound, pictures, graphics, video, voice, codes, computer programs, software, databases, messages, advertisements, microfilm or computer generated microfiche;
- “Feed” is service by which news is provided on a regular or continuous basis from a third party source;
- “Platform” or “Site” or “Website” means the BusinessUpturn platform, made available as a website at businessupturn.com and includes the BusinessUpturn Mobile App;
- “Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder;
- “Terms and Conditions” or “Terms” refers to this Agreement contained herein below;
- “User” or “You” shall refer to a an online user, who is interested to avail of any services at BusinessUpturn platform;
- “We”, “us” and “our” refers to the BusinessUpturn owners and the Management;
The other terms would have meaning as defined either under Information Technology Act, 2000 and rules made thereunder or otherwise generic words are to be interpreted as per English (U.K.) Dictionary.
Please read this document carefully before accessing or using the site or availing of any services at BusinessUpturn platform. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. If you do not wish to be bound by these terms and conditions, you may not access or use the site.
- BusinessUpturn services owned and operated by M/s Business Upturn USA, Mumbai, India are provided to you under the terms and conditions of this Agreement, annexed documents and any other operating rules or policies that may be published by us on the platform from time to time.
- All the terms set here are presented in English language and it is the sole responsibility of the User to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this platform.
- You warrant that you as a User have independently evaluated the desirability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
- We strongly recommend that, as you read this Agreement, you also access and read the information contained in Annexures and other pages/websites referred to in this document, as they may contain further terms and conditions that apply to you as a User/customer at this site.
- BusinessUpturn reserves the right to modify this Agreement at any time by posting a new agreement on the BusinessUpturn platform and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
- In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
- Further, BusinessUpturn reserves the right to change or discontinue sale of specific service, from time to time, which will be posted on the platform.
B. Services and Content
4. BusinessUpturn Platform
- BusinessUpturn provides an on-line platform providing informative / news content to online Users. The access to the website is freely available.
- BusinessUpturn also provides an opportunity to Users to contribute guest posts. It should be noted that said article/posts must be the original contribution of the author and exclusive contribution for BusinessUpturn.
- In addition, BusinessUpturn carries feeds from third party websites, which appear under the Brand Post category, that comes under an arrangement with respective agencies. BusinessUpturn takes no editorial responsibility for the same.
- The Site and its contents are intended solely for the use of BusinessUpturn Users and may only be used in accordance with these terms and conditions.
5. Site Content
The Content at the BusinessUpturn site could be editorial, guest posts, from our news desk or otherwise third party feeds. All content displayed on the Site is protected by India and International copyright laws. All trademarks, service marks and trade names are proprietary to BusinessUpturn and/or third parties. Users shall abide by all copyright notices, information, and restrictions contained in any content accessible through the Services.
Users may download or copy the content or other items displayed on the site for download, for personal use only provided that Users maintain all copyright and other notices contained in such content. Downloading, copying, or storing any content other than personal, non-commercial use is expressly prohibited without prior written permission from BusinessUpturn from the copyright holder identified in such content’s copyright notice.
Other than as expressly said forth in these terms and conditions, User may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
6. Pricing & Refunds
The services provided at BusinessUpturn platform are free of charge for the time being.
BusinessUpturn has the right to levy / revise the fees or charges at any time. Any such levy or change will be binding and effective immediately on posting of the revision at the platform.
7. Retention & Backup Policy
The logs and User data would be retained as a backup in our server for at least 180 days from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help in complying with the laws of the land or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us.
You understand that in no case, BusinessUpturn can be held responsible for loss of data in any circumstances, as data is stored upon an external server, maintained by our technical partner.
8. Service Level Agreement
BusinessUpturn will use reasonable efforts to ensure that the site and services are available 24 hrs a day, 7 days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by BusinessUpturn to minimize such disruptions where it is within BusinessUpturn’s reasonable control.
However, we guarantee under these terms that the BusinessUpturn platform will be operational and available to you as a customer at least 95% of the time in a calendar year.
- To be able to avail any of the services offered by us, you need to be competent to contract as per the Indian Contract Act, 1872. Though a minor will still be able to avail free services but can enter into any agreement for paid services through his parent/guardian only.
- Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
- You also confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation
- To provide true, accurate, current and complete information about yourself to BusinessUpturn, as and when required.
- To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
- That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.
- That you agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. Further, in exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you post at the platform.
The Users shall strictly follow the present rules and regulations and also provisions of the Indian Information Technology Act and rules thereunder and any other laws for the time being in force.
If the Users have any grievances and discrepancies, they can address their grievances to BusinessUpturn’s Grievance Officer, whose name and address is displayed at the BusinessUpturn platform and also mentioned in the present terms. The Grievance Officer is duty bound to redress your grievances, if any, expeditiously but within one month from the date of receipt of grievance.
11. Code of Conduct
You further agree not to host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the User does not have any right to, unless you have written consent from the owner of the copyrighted material;
- is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Lastly, you also agree, not to use any Content from BusinessUpturn for any purpose that is unlawful or prohibited by these Terms and Conditions.
- BusinessUpturn may Terminate this Agreement in case of non-compliance with Terms and conditions, rules and regulations or the Law of the Land, BusinessUpturn reserves the right to immediately terminate the access or usage rights of the Users to the services and also remove non-compliant information.
- If a User has provided any information that is untrue, inaccurate, not current or incomplete, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these terms, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the services.
- We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The provisions of below paragraphs as to Legal Statements and Disclaimer shall survive any termination of this Agreement.
D. Legal Statements
13. Governing Law
User agrees to use the service in compliance with applicable law and this Agreement:
- This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between BusinessUpturn and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction at Mumbai only;
- Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BusinessUpturn’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement;
- BusinessUpturn may assign its rights and duties under this Agreement to any party at any time without notice to you. In any dispute between BusinessUpturn and you relating to its platform, the prevailing party will not be entitled to attorneys’ fees, costs and expenses;
- If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect;
- Users/Visitors who choose to visit this platform from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this platform and information, content, material and services contained herein; and
- The section titles in these terms and annexed documents are for convenience only and have no legal or contractual effect.
14. Intellectual Property
- The brand / marks referenced herein or on the Site are the exclusive trademarks or service marks of BusinessUpturn. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
- The entire Content of the Site is protected by Indian and international copyright and trademark laws. The owner of the copyrights and trademarks are BusinessUpturn, its affiliates or other third party licensors.
- You agree to grant to BusinessUpturn a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to BusinessUpturn by all means and in any media now known or hereafter developed.
- Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
15. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
- BusinessUpturn respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
- BusinessUpturn’s intellectual property policy is to:
- remove material that BusinessUpturn believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services; and
- remove any Content posted at BusinessUpturn by “repeat infringers”. BusinessUpturn considers a “repeat infringer” to be any user that has made available Content and for whom BusinessUpturn has received more than two takedown notices compliant with the provisions of Acts with respect to such User Content. BusinessUpturn has discretion, however, to terminate providing services to any user after receipt of a single notification of claimed infringement or upon BusinessUpturn’s own determination. Procedure for Reporting Claimed InfringementIf you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Grievance Officer identified below. Your communication must include substantially the following:a) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;b) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;c) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BusinessUpturn to locate the material;d) Information reasonably sufficient to permit BusinessUpturn to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized. to act on behalf of the owner of an exclusive right that is allegedly infringed.You should consult with your lawyer and/or see the provision of prevailing acts to confirm your obligations to provide a valid notice of claimed infringement.
16. Grievance Officer
- BusinessUpturn shall address any grievances of Users, whether registered or not, with respect to the platform content or any other aspects connected therewith, in a time bound manner. For this purpose, BusinessUpturn has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Name: Mr. V. B. Sipani
Email: [email protected]
- The appointed officer shall work in terms of IT Rules, if it is received through a government agency or based upon court order and in other cases, BusinessUpturn would look into the matter and try to resolve as far as possible.
17. Electronic Communications / Notices
a) Any notice or other communication required or permitted to be delivered to BusinessUpturn under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our registered email. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the BusinessUpturn platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices at the platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to info [@] businessupturn.com.
Third Party Legal Actions
It is our policy to respond with reasonable promptness to subpoenas and other legal processes served upon BusinessUpturn that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
M/s Business Upturn
Address: Unit No.207, 2nd Floor, Glitz Corporate Avenue, New BKC (Bhiwandi Kalyan Corridor), Near Tata Amantra, Next to Harmoney Arcade, Gove Naka, Ranjnoli Village, Bhiwandi – 421302
Email: [email protected]
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
Please visit here for Disclaimer.
(Last Updated on 01.12.2022)