Access to and use of Ultimus Content and Products Sales LLP website is subject to the following terms and conditions.
These Terms constitute a legal agreement between us i.e., Ultimus Content and Products Sales LLP and You stating the terms that govern your use of the Platform (defined below).
This document is an electronic contract between Ultimus Content and Products Sales LLP, a “Limited Liability Partnership” incorporated under the provisions and within Indian Corporate Laws and You, under the provisions of the Information Technology Act, 2000 (as amended from time to time) as well as relevant rules framed thereunder.
“Ultimus”, “we”, “us” and “our” shall mean Ultimus Content and Products Sales LLP (UCAPS LLP).
We will do our utmost to ensure that the availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, User access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
Usage, Charges & Termination
The term “services” refers to services available from Ultimus, including but not limited to a Paid subscription fee for the user. If the user does not purchase or opt for a subscription, his or her access to our Site shall be limited.
A subscription fee shall be payable for accessing the content behind a paywall. Some parts of the Site shall be available for access free of cost. A subscription allows the user to access all the content which is available on the Site and he or she will get one login ID and password for his/her personal use. You are required to register as a subscriber for the services by completing the registration process (i.e., by providing us with current, complete, and accurate information within registration form). You are entirely responsible for maintaining the confidentiality of your password and account. To access paid services, you will be asked to enter your individual User Name and Password, as chosen by You during your registration. Ultimus does not permit any of the following: –
(a) Any other person sharing your account and Password;
(b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Ultimusas users of the Site; or
(c) Access through a single account and Password being made available to multiple users on a network.
If Ultimus reasonably believes that an account and Password is being misused in any manner, it shall reserve its right to cancel access rights immediately without notice, and block access to all users from that IP address. We shall have the right to indefinitely suspend or terminate or block access of your subscription on the Site and refuse to provide you with access to the Site.
Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to notify Ultimus immediately of any unauthorized use of your account or any other breach of security. Ultimus shall not be liable for any loss that You may incur as a result of someone else using your password or account. However, you shall be held liable for losses incurred by Ultimus or another party due to someone else using your account or password.
The subscription fee received is non-refundable provided no voluntary suspension or discontinuation of the Site by Ultimus is undertaken, in which case, a proportionate refund shall be provided based on the number of days for which You were unable to access the content behind a paywall. Any applicable taxes shall be levied to you over and above such subscription fee. The subscription fee payment may be made through any of the modes listed on the Site from time to time.
By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us when we have successfully verified your payment details, email address & other details, at which point we will provide you with access to your subscription. Ultimus reserves the right to reject any offer in its sole discretion, for any or no reason whatsoever.
Ultimus also reserves the right to change, modify the subscription packages or the subscription amount with or without notice but the same would remain unchanged for the duration/validity of granted subscription licenses.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any our server or the network(s) connected to any Ultimus server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or to any of the Services through hacking, password mining, or any other means.
Ultimus reserves its right to refuse service, restrict, suspend or terminate your account without any prior written notice, upon which, your right to use Ultimus Site will immediately cease. However, in a case, such termination happens without any cause by Ultimus, then a proportionate refund of subscription fees shall be made based on the number of days wherein You were unable to use the Services already paid for.
User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the Rules made thereunder, Export-Import Policy of the government of India) applicable to them respectively for using Payment Facility.
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing Bank.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these Services to the User. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the subscriber and the respective Issuing Bank.
User Conduct and Obligations
You agree to follow all applicable laws, rules, and regulations when using the Site. You agree to not use any product or service available on the Site to:
(a) Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements.
(c) Harm minors in any way.
(d) Engage in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “griefing” as those terms are commonly understood and used on the Internet.
(e) Impersonate any person or entity, including, but not limited to, Ultimus official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers, or networks.
(h) Upload, post, email, transmit or otherwise, make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under a non-disclosure agreements).
(i) Upload, post, email, transmit or otherwise, make available any content with the intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights (“Rights”) of any party.
(k) Upload, post, email, transmit or otherwise, make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, duplicative messages, or any other form of solicitation.
(l) Transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages).
(m) Harvest information about Ultimus users for the purpose of sending or to facilitate the sending of unsolicited bulk communications. Ultimus reserves the right to immediately terminate your access or use of the Site, with or without any notice, and further take appropriate actions as deemed necessary (including but not limited to enforcing legal remedies), if You or anyone using Your access details to the Site violates the above-stated terms.
Intellectual Property Rights (IPR’s)
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video, or graphical images), Ultimus trademarks and logos appearing on this site are the property of Ultimus, its parent, affiliates, and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Ultimus. Any infringement in this regard shall be pursued in such form and manner as deemed fit by Ultimus.
Ultimus grants you permission to only access and make personal use of the Site and You agree not to download or modify/ alter/ change/ amend/ vary/ transform/ revise Ultimus Site, or any portion of it, except with the express consent of Ultimus.
Ultimus forbids you from any attempts to resell or put to commercial use any part of the Site; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site shall be reproduced or transmitted or stored on another website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service unless prior written permission is obtained from Ultimus.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR’s belonging to any party, and further that you will indemnify Ultimusor its affiliates for all claims arising out of any content that you post on the Site.
Ultimusaccepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by You become the licensed property of Ultimusand You hereby grant to Ultimusand its affiliates, a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
Limitation of Liability
Notwithstanding anything to the contrary, in no event, shall Ultimusand/or its parent/s, affiliate/s, associate/s shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever (including but not limited to damages for loss of business, damages to your computer system/s, damages for loss of profits, damages for loss of data) arising in contract, tort, or otherwise, from the use of or inability to use the Site or any of its contents, or from any act or omissions as a result of using the Site or any such contents, or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, server failure, communications line failure, destruction, alteration, unauthorized access, or use of any information contained on the Site.
Ultimus maximum aggregate liability for any and all claims (including third-party claims) in furtherance to providing Services herein shall not exceed an amount equivalent to the last one month’s proportionate subscription fees received by Ultimusfrom you and this clause shall survive the termination hereof.
All the contents of the Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/ consultants/ persons and are not subscribed to by the Site or its representatives. The information from or through the Site is provided on an “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement are disclaimed and excluded.
No representations or warranties whatsoever are made by Ultimusas to the (a) accuracy, adequacy, reliability, completeness, suitability, or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Site will be corrected.
Any transactions relating to the sale/purchase of goods and/or services not directly offered by Ultimusare to be settled inter-se between the parties to such transaction and all warranties (express or implied) regarding any matter pertaining thereto are expressly disclaimed by Ultimus. Ultimusmerely endeavors to provide a platform where You and other party may interact, exchange information, or carry out transactions on such terms and in the manner mutually agreed between You and the other party. You are solely responsible for all the activities, transactions arising with your association with such third parties on the Site to which effect Ultimusdisclaims all/any responsibility or warranty whatsoever.
Under no circumstances will Ultimusbe held responsible or liable, in any way, for any content which in legal opinion or otherwise is perceived to be derogatory, threatening, defamatory, obscene or offensive, offends public sensibilities or morals, and shall neither be liable for any errors or omissions in any content nor for any loss or damage or infringement of any kind incurred as a result of the use of any content posted or uploaded on the Site. You specifically agree that Ultimusis not responsible for any content sent, used, and/or included in Ultimus Site by any third-party.
Certain links on the Site lead to data/ resources located on servers maintained by third parties that are independent of Ultimusi.e.Ultimushas no control, connection (business or otherwise) since these websites/servers are external to Ultimusalthough such third- party(s) websites may at times use Ultimus IPR’s. You agree, understand, and acknowledge that by visiting such third-party websites You are beyond Ultimus website. Ultimustherefore neither endorses nor offers any judgment or warranty and shall accept no responsibility/ liability for the authenticity, availability, suitability, reliability, accuracy of any information, software, product, service, or graphics. Further, Ultimusdoes not endorse any of the goods/services and shall not be liable for any damage, loss or harm (direct or consequential) as well as any violation of local or international laws that may be incurred by Your visit and/or transaction/s on these website(s), as the same is provided on “as is” without warranties and representations of any kind. You are advised to seek expert opinion before relying on any advertisement, material, information, or alike and also use Your own judgment with respect to such advertisement, material, or information being true, correct, or error-free.
Certain parts of the Site shall contain material submitted by users including You. You will indemnify and hold harmless Ultimusagainst all third-party claims, demands, and actions brought against Ultimuswhich arises from or relates to the material submitted by You.
Ultimusshall send third-party promotional mailers occasionally on your email address submitted to Ultimus. If You are not interested in receiving such mailers, You need to unsubscribe from such mailers through the opt-out mechanism provided within every such promotional mailer. Opting out of such promotional emails shall have no effect on Your subscription.
Ultimusrespects the privacy of its users and is committed to protecting it in all respects.
To avail of subscription on our Site, users are required to provide certain information for the registration process namely: – a) your name, b) email address (All required information is service dependent). The Information as supplied by the users enables us to improve our Site/s and provide you the most user-friendly experience.
When we present information to our advertisers it is usually in the form of aggregated statistics on traffic to various pages within our site.
All information gathered by Ultimus, except your payment details (which are not collected by us but by independent third-party controlled payment gateways), is securely stored within the Ultimuscontrolled database. The database is stored on servers secured behind a firewall, access to which is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
We use third-party tools to serve ads when you visit our Site. These tools may collect/use information (not including your personal information) about your visits to our Site and other websites in order to provide advertisements about goods and services of interest to you.
Some of our Web pages utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about website activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a User. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
Cookies can recognize user and remember important information that will make use of a site more convenient such as by remembering user login status and user preferences. Through the Cookies of third-party analytics providers, ad networks, and advertisers, we can track user’s online activities over time and across third-party sites, and devices, by obtaining information through automated means. This information, along with information, we gather when the user logs in, can be used to understand use across sites and devices to help improve our products & services, remember User preferences, provide content recommendations, and show User advertisements on the Services or other third-party sites that may be tailored to user individual interests.
These Cookies are also essential to the Services in order to facilitate our authentication, registration, or log-in process and enable users to navigate and use the features of the Services. Without these Cookies, the User may not be able to take full advantage of Services or features, and the Services will not perform as smoothly for the user as we would like.
All questions, comments, and requests regarding the policy should be addressed to:
Mailing Address: Ultimus Content and Products Sales LLP, U 26 A/6, First Floor, DLF City III, Gurugram, 122002, India
You agree that Ultimusshall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility including that of telecommunication systems, man-made disaster, or any other cause whatsoever beyond the control of Ultimus.
Governing Law & Jurisdiction
You acknowledge that Your representations, warranties & obligations as well as the clauses relating to IPR’s, indemnification, disclaimer, limitation of liability, third party content, force majeure and governing law & jurisdiction shall survive the efflux of time and termination hereof.
You hereby acknowledge and agree that the relationship between You and Ultimusis on a principal-to-principal basis.
All rights reserved
Ultimusreserves the right to suspend, cancel or discontinue any or all channels, products, or services at any time without notice, make modifications and alterations in any or all of the contents, products, and services contained on the Site without prior notice.