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WisdomTap - terms and conditions of website usage

Last modified: 14th Nov 2008

Welcome to our website. Before using this website, or any of WisdomTap's services, you need to agree to the terms and conditions specified herein.



The term “WisdomTap” or “us” or “we” refers to the owner of the website www.wisdomtap.com and all its sub-domains, whose address is:

WisdomTap Solutions (India) Pvt. Ltd

Door #3, B.K. Plaza

78, Kaggadasapura Main Road

Bangalore, Karnataka 560 075

India



The use of this website is subject to the following terms of use:



Acceptance of terms

If you continue to browse and use this website you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern WisdomTap’s relationship with you in relation to this website. You may not use the Services if you do not accept the Terms.

You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that your use of the Services will be treated as acceptance of the Terms from that point onwards.



Services

  • The services covered by this Agreement include both free services that we make available for no fee (the “Free Services”), and services that we make available for a fee (the “Paid Services”). The Free Services and the Paid Services are referred to collectively as the “Services.”

  • Free Services. The Free Services include the WisdomTap destination site accessible via www.wisdomtap.com.

  • Paid Services. The Paid Services include all web services, badges and widgets we make available for a fee on the wisdomtap.com website. Our Paid Services currently include

  • The WisdomTap Web services API

  • WisdomTap badges

  • We may, in our sole discretion, (i) begin charging fees for a Free Service, in which case such Service will thereafter be deemed a Paid Service, or (ii) cease charging fees for a Paid Service, in which case such Service will thereafter be deemed a Free Service

  • We are constantly evolving our existings services and adding new services to our portfolio. Therefore, the content of our offerings is subject to change. You understand and agree to receive such updates as part of your use of the Services.

Use of Services

You agree to use the Services only for purposes that are permitted by the Terms.

  • You agree to access (or attempt to access) any of the Services only through the interface(s) that are provided by WisdomTap and through no other means. You specifically agree that you will comply with the instructions set out in any robots.txt file present on the Services.

  • You agree that you will not engage in any activities that interfere with or disrupt the Services (or the servers and networks which are connected to the Services).

  • Unless you have been specifically permitted to do so in a separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

  • You agree that you are solely responsible for (and that WisdomTap has no responsibility to you or to any third party) any breach of your obligations under the Terms and for the consequences (including any loss or damage which WisdomTap may suffer) of any such breach.

  • This website and its Services include links to other websites (“Third Party Sites”) that may contain discussion groups, bulletin boards and other interactive services. These links are for your convenience and give further information. We are not responsible for the contents or functionality of any Third Party Sites or any website that can be accessed via links on any Third Party Site.


Confidentiality and Privacy

  • You agree and understand that you are responsible for maintaining the confidentiality of the login credentials associated with your account(s) for any of the Services and are solely responsible for all activities that occur under your account.

  • If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at privacy@wisdomtap.com

  • You agree to WisdomTap using data collected under your account in accordance with WisdomTap's privacy policies.



Intellectual proprietary rights

  • Other than the limited use and access rights and licenses expressly set forth in this Agreement, WisdomTap reserves all rights to the Services it provides. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, or other technology and software (including third party technology and software), except for the limited use and access rights described in this Agreement.

  • The Services provided by WisdomTap may include content from Third Party Sites. All copyrights for such content continue to rest with the original creators. WisdomTap has no copyright claims on this content. You may not modify or create derivative works based on this content (either in whole or in part) that may violate, infringe or misappropriate any third party rights

  • You agree that you shall not remove, obscure, or alter any intellectual property or proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.



Fees and payments

  • For using the Paid Services you agree to pay applicable fees for the specific Service on our website.

  • We may increase or add new fees for any existing Service, or implement a fee for any previously Free Service or Free Service feature, by giving you 30 days’ advance notice. Such notice will be posted on the WisdomTap website on the Service detail page.

  • All fees payable by you are exclusive of applicable taxes

Termination of services

  • Free services. You acknowledge and agree that we may stop (permanently or temporarily) providing the Free Services (or any features within the Free Services) to users generally at our sole discretion, without prior notice. You may stop using the Free Services at any time, without informing us when you do so.

  • Paid services. You acknowledge and agree that we may stop (permanently or temporarily) providing the Paid Services at any time by providing you thirty (30) days advance notice. You may stop using the Paid Services at any time, after giving us a thirty (30) day notice.

    1. You remain liable for all fees and charges till the date of termination of the Paid Services

    2. Your data related to Paid Services (e.g. usage reports) will be stored for a period of thirty (30) days after the date of termination. This data will be available for retrieval upon your payment of data storage charges for the period following termination and payment in full of any other amounts due to us.

Warranties, Limitation of liability

  • ALL SERVICES, TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT

  • WISDOMTAP SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT PAY, ANY AMOUNT OF INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, WHETHER BASED ON LOST REVENUE DAMAGES FROM LOSS OF USE, DATA OR OTHERWISE. IN NO EVENT SHALL WISDOMTAP'S LIABILITY HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU, REGARDLESS OF WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE.

The provisions of this section shall survive the termination and expiry of this Agreement.

Indemnification

  • You agree to indemnify and hold Wisdomtap and its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the services.


Miscellaneous

  • No amendments to the Agreement shall be valid unless executed in writing and signed by both Parties.

  • In the event any term of this Agreement is found to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable. Failure by WisdomTap to enforce any of the terms of this Agreement shall not be construed as a waiver of any of WisdomTap's right hereunder.

  • Legal notices are to be delivered to our office address mentioned herein

  • Your use of the Services and any dispute arising out of such use are subject to the laws of India and to the jurisdiction of courts in Bangalore, India.