Terms & Conditions
Accepting the terms of service The purpose of this website businessupturn.com (the site), owned and operated by Business Upturn, is to provide web publishing services. Please read these terms of service (AGREEMENT) carefully before using the site or any service provider on the site (collectively, services). By using or accessing the services, you agree to become bound by all the terms & conditions of this Agreement. If you do not agree to all terms & conditions of this Agreement, do not use the services. The services are accessed by you (“Subscriber or You”) under the following terms & condition.
1. Access to the Services
Subject to the terms & conditions of this Agreement, Business Upturn. may offer to provide the Services, as described more fully on the site: –
i) Access fully on the website i.e. types of services manpower recruitment/supply agency service;
ii) Event Management;
iii) Business Auxiliary Service;
iv) Education Cess & Secondary & higher education cess and which are selected by subscriber solely for subscribers on use and not for the use or benefit of any third party.
Services shall include, but not be limited to, any services Business Upturn performs for the subscriber, as well as the offering of any contents on the site.
Business Upturn may change, suspend or discontinue the services at any time, including the validity of any feature, database or contents.
Business Upturn may also impose limits on certain features and services or restrict subscribers access to parts or all the services without notice or liability.
Business Upturn reserves the right, at its discretion, to modify these terms of the services at any time by posting revised terms of services on the site and by providing notice via email, where possible or on the site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use the services by subscriber following such modification constitute subscriber’s acceptance of the terms & conditions of this Agreement as modified.
Subscriber certifies to Business Upturn that if the subscriber is an individual (i.e. not a Corporate entity), Subscriber at least 14 years of age. No one under the age of 14 may provide any personal information to or on Business Upturn(including, e.g. a name, address, telephone no. or email id). Subscriber also certifies that it is legally permitted to use the services and access the site, and takes full responsibility for the selection and use of the services and access of the site. This Agreement is void where prohibited by law, and the right to access the site is revoked in such jurisdictions.
Business Upturn makes no claim that the site may be lawfully viewed or that contents may be downloaded outside of India. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside India, You do so at your own risk and you are responsible for compliance with the laws of Your jurisdiction.
Business Upturn 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 Business Upturn to minimize such disruptions where it is within Business Upturn’s reasonable control.
You agree that neither Business Upturn nor the site will be liable in any event to you or any other party for any suspension, modifications, discontinuation or lack of availability of the site, the Service, your Subscribers Contents or other Contents.
Business Upturn retains the right to create limits on use and storage at its sole discretion at any time with or without notice. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Contents
The Site and its contents are intended solely for the use of Business Upturn Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed are performed on the Site, including, but not limited to text, graphic, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and themes, including without limitation the Business Upturn Template Code (other than contents posted by Subscriber (Subscribers content)) are the property of Business Upturn and/or third parties and are protected by India and International copyright laws.
The Business Upturn API shall be used solely pursuant to the terms of API terms of service. All trademarks, service marks and trade names are proprietary to Business Upturn and/or third parties.
Subscriber shall abide by all copyright notices, information, and restrictions contained in any content accessible through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to India copyright laws, international conventions, and other copyright laws. Other than as expressly said forth in this agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this section), create derivative works based on distribute, perform, display, or in any way exploit, any of the content, software, materials, or services in whole or in any part.
Subscriber may download or copy the content or other items displayed on the site for download, for personal use only provided that Subscribers maintains 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 Business Upturnor from the copyright holder identified in such content’s copyright notice.
In the event, You download software from the Site, the software, including any files, images, incorporated in or generated by the software, or the date a company the software (collectively, the “Software”) is licensed to You by Business Upturn or third-party licensors for Your personal non-commercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but Business Upturnor third party licensors retain full and complete title to the Software and all intellectual property rights therein.
3. Subscriber Content
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant Business Upturn a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense, to use, copy, cache, publish, display, distribute, modify, create derivative works and store, such Subscriber content and to allow other to do so (“Content License”) in order to provide the services.
On termination of Subscribers membership to the Site and use of the Services, Business Upturn shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Contents; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants represents and agrees Subscriber has the right to grant Business Upturn and the Site the rights set forth above.
Subscriber represents, warrants and agrees that it will not contribute any subscriber content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret unless Subscribers owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or privacy or publicity rights and others, (d) is libellous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violate any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remain Posted after subscriber Content violates any of Sections a to e of this sentence. Business Upturn reserves the rights to remove any Subscriber Content from the site suspend or terminate Subscriber’s pursue any other remedy or relief available to Business Upturn and/ or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating such Subscriber Content or if Business Upturn is concerned that Subscriber may have breached the immediately preceding sentence) or for no reason at all.
Subscriber is responsible for all its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Contents is a violation of this Agreement may be grounds for termination of the Subscriber’s right to Services or to access the Site.
Subscribers may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Business Upturn user.
Use of the Site or Services to violate the security of any computer network, crack passwords, or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene or engaged in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited emails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threatens, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revised any material that was not posted by You.
5. Warranty disclaimer
Business Upturn has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Business Upturn has no control over, and no duty to take any action regarding which users gain access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or subscriber who posted the Content. Business Upturn does not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases Business Upturn from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Business Upturn makes no representations concerning any content contained in or accessed through the Site, and Business Upturn will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Although Business Upturn and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither Business Upturn nor the Site is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Subscriber Content.
The Services, Content, Site and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Business Upturn makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Business Upturn disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that Business Upturn is not responsible or liable for any harm resulting from (l) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
6. Third party websites
Users of the Site may gain access from the Site to third-party sites on the Internet through hypertext or other computer links on the Site. Third-party sites are not within the supervision or control of Business Upturn or the Site. Unless explicitly otherwise provided, neither Business Upturn nor the Site make any representation or warranty whatsoever about any third-party site that is linked to the Site or endorse the products or services offered on such site. Business Upturn and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the- Site or Business Upturn with respect to such sites and third-party content.
7. Registration and security
As a condition to using Services, Subscriber will be required to register with Business Upturn and select a password and Business Upturn URL. Subscriber shall provide Business Upturn with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the Subscriber’s account. Subscriber may not (a) select or use as a Business Upturn URL a name of another person with the intent to impersonate that person, or (b) use as a Business Upturn URL a name subject to any rights of a person other than Subscriber without appropriate authorization. Business Upturn reserves the right to refuse registration or cancel a Business Upturn URL at its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s Business Upturn password. Subscriber is solely responsible for any use of or action is taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and Business Upturn from any and all liability concerning such activity. Subscriber agrees to notify Business Upturn immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communication, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold Business Upturn its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other rights of any person or entity.
9. Limitation of liability
In no event shall Business Upturn, its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions.
Either party may terminate the Services at any time by notifying the other party by any means. Business Upturn may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of the Subscriber’s account, Subscriber’s right to use the Services, access the Site and any Content will immediately cease. All provisions of this the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Business Upturn or the Site, including without limitation any indemnification obligations contained herein.
13. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Business Upturn 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.
Business Upturn’s intellectual property policy is to (a) remove material that Business Upturn 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 (b) remove any Subscriber Content posted to the Services by “repeat infringers” Business Upturn considers a “repeat infringer” to be any user that has uploaded Subscriber Content to the Services and for whom Business Upturn has received more than two takedown notices compliant with the provisions of Acts with respect to such Subscriber Content. Business Upturn has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Business Upturn’s own determination.
Procedure for Reporting Claimed Infringement
If 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 Designated Agent identified below. Your communication must include substantially the following:
- 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;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- 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 Business Upturn to locate the material;
- Information reasonably sufficient to permit Business Upturn to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- 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,
- 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.
Designated Agent Contact information
Business Upturn’s Designated Agent for notices of claimed infringement can be contacted at:
via E-mail: [email protected]
If you receive a notification from Business Upturn that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Business Upturn with what is called a “Counter-Notification.” To be effective, a Counter Notification must be in writing, provided to Business Upturn’s Designated Agent through one of the methods identified immediately above, and include substantially the following information:’
– A physical or electronic signature of the subscriber;
– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
– A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
A party submitting a Counter Notification should consult a lawyer or see provisions of the acts to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Business Upturn Actions Following Receipt of Counter-Notification
Upon receipt of a Counter-Notification, Business Upturn shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and Business Upturn will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter-Notice, unless Business Upturn’s Designated Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Business Upturn’s system or network.
False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides that:
Any person who knowingly materially misrepresents under [provisions of copyright act] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and counsel’s fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Business Upturn] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Business Upturn reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
And the procedures outlined in this Agreement should be sent to the Designated Agent at the postal address identified above. Any other comments, compliments, complaints or suggestions Business Upturn, the operation of the Services or any other matter should be sent to [email protected]