ANODE GOVERNANCE LAB WEBSITE TERMS OF USE

Effective Date: 24-07-2024

Website Covered: anodegovernancelab.in

This document is an electronic record in accordance with the applicable definition(s) of the Information Technology Act, 2000 and rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of https://anodegovernancelab.in/ website.

The domain name anodegovernancelab.in (hereinafter referred to as “Website”) is owned by Anode Governance Lab (hereinafter referred to as “Anode”/ “We”/ “Us”), a governance and management consulting organisation registered under the Karnataka Shops and Commercial Establishments Act,1961, with its registered office address at No. 514, Raindrops Apartments, 10-½ Haralur Road, Off Sarjapur Road, Bengaluru, Karnataka, 560102.

Please read these terms of use ("Terms of Use"/ "Agreement"/ToU/Terms and Conditions) carefully before using this Website owned and operated by Anode.

Your use of this Website, all of its web pages, and services if any, provided by or on the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website, including all the applicable policies, parts and sub-parts which are incorporated herein by way of reference, hyperlinks, and/or implicitly.

If you access the Website, either directly or through a hyperlink, You agree to be bound by and accept the Terms of Use, including those of Anode’s additional terms and conditions and applicable policies referenced herein or available by hyperlink. You further agree that this acceptance constitutes Your binding contract with Anode, with respect to the use of this Website by You.

DEFINITIONS

The parties referred to in these Terms of Use shall be defined as follows:

i) The terms “You”, “Yourself ”, “Your” or “User” shall mean any person, natural or legal, who visits or uses the Website.

ii) The terms “Anode” “We”, “Us”, “Our”, “Owner” shall mean Anode Governance Lab.

iii) If You and the Owner as parties to this Terms of Use need to be referred to collectively it will be as “Parties”.

Anode allows the User to visit or use the Website without registering on the Website, however to use our organisation mapping tool that is linked on the Website but on a different server, You would require to log in, if you wish to access the tool.

ASSENT TO AND ACCEPTANCE OF TERMS OF USE

By using this Website, You certify that you have read, reviewed, and understood these Terms of Use and that You agree to comply with these Terms of Use. If You do not want to be bound by the terms of these Terms of Use, or disagree with any terms, You should not enter the Website, or You should leave the website accordingly. Anode only grants use and access of this Website, and its services if any, to persons, legal or natural, who have accepted its terms of use, additional terms and conditions and applicable policies referenced herein or available by hyperlink.

You further certify that you will use this Website according to the Terms of Use, the additional terms and conditions and applicable policies referenced herein or available by hyperlink, the laws of the Republic of India, and other applicable international conventions and regulations. You understand and agree that by entering the Website, You accept these Terms of Use and the aforesaid applicable laws.

USER ELIGIBILITY

Anode’s Website is only meant to be used by persons who can enter into legally binding contracts as per the provisions of the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a user nor shall you use the Website by yourself. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. Anode reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Anode’s notice or if it is discovered that you are under the age of 18 years.

By using this Website, You warrant that You are at least 18 years of age and You are legally competent to enter into this Agreement. Anode assumes no responsibility for liabilities related to age and/or competence misrepresentation.

INTELLECTUAL PROPERTY

Unless otherwise indicated, and excluding any applicable third party materials, all proprietary material including but not limited to all source code, databases, functionality, software website designs, audio, video, text, photographs, graphics, any other information, and the trademarks, service marks and logos contained herein on the Website, referenced herein or available through hyperlink(s), are either owned and controlled by Anode or are licensed to Anode and are protected by copyright and trademark laws and all other applicable intellectual property rights of Indian law and applicable international conventions.

In no event is the disclosure of any/all of the above information to be interpreted as granting the User a licence or right to use any of it. In the event of any such use, the same shall be constituted as an infringement under the applicable laws.

Except as expressly provided in the Terms of Use, no part of the Website and none of its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. Anode does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.

The User may use information purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for personal, non-commercial informational purpose and does not copy or posts such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

PROHIBITED USES

You agree that in using this Website You shall not:

1. Host, display, upload, modify, publish, transmit, update or share any information which -

  1. belongs to another person and to which You do not have any right;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

  3. is misleading in any way;

  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical/mental harm of any kind against any group or individual;

  5. harasses or advocates harassment of another person;

  6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

  8. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);

  9. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

  11. provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  13. contains video, photographs, or images of another person (with a minor or an adult);

  14. tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  15. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

  16. interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;

  17. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

  18. harm minors in any way;

  19. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;

  20. violates any law for the time being in force;

  21. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  22. impersonate another person;

  23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

  24. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;

  25. shall not be false, inaccurate or misleading;

  26. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

3. You shall not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Anode or its associates, partners on the Website, or otherwise tarnish or dilute any of Anode’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Anode’s systems or networks, or any systems or networks connected to Anode.

6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Anode and / or others.

9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.

10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We shall be entitled to, consistent with Our Privacy and Cookies Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and educational purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. You agree that any content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, services related to that being displayed on https://anodegovernancelab.in/ or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. Further, it shall also be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, physically or mentally.

12. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. 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. In addition, We can (and You hereby expressly authorise Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

13. You shall not create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers.

PRIVACY AND COOKIES POLICY

Before You continue using Our Website, we advise You to read our Privacy and Cookies Policy here (insert hyperlink for privacy policy) regarding our user data collection. It will help you better understand our practices.

RELIANCE ON INFORMATION

The information available on this Website, including but not limited to photographs, articles, stories, videos, and publications has been compiled by Anode from various sources including external sources.

Anode makes no warranty or representation, and assumes no responsibility or liability regarding the completeness, accuracy or utility of the available information. Users are required to verify the aforesaid information on the Website independently.

ASSUMPTION OF RISK

The Website and its services are provided for communication and informational purposes only. You acknowledge and agree that any information posted on this Website is not intended to be legal advice, medical advice, business advice or financial advice, and no fiduciary relationship has been created between You and Anode. You further agree that Your purchase of any services, if any, directly or indirectly through this Website are at Your own risk. Anode does not assume responsibility or liability for any advice or any other information given on the Website.

NO WARRANTIES

You expressly agree that Your use of the Website and its services is at Your sole and exclusive risk and that any services and/or information provided by Us are on an “As Is” basis. Anode hereby disclaims any and all express or implied warranties of any kind in relation to Your use of the Website and its services.

This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “As Is” and “As available” basis without any representation or warranties, express or implied, of any kind. Without prejudice to the forgoing paragraph, Anode does not warrant that:

  • This Website will be constantly available, or available at all, or that the use of this Website will be uninterrupted, timely, secure; or

  • The information on this Website is complete, true, accurate, without defect, error-free or non-misleading.

Anode makes no warranty that the use of this Website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that the use of the Website is at Your own risk. Anode and/or the Website shall not be responsible or liable for any content found on the Website.

The Website may contain inaccuracies, typographical, and clerical errors. Anode expressly disclaims any obligation(s) to correct the aforesaid or update this Website or any of the materials on this website. Anode does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Anode reserves the right, in its sole discretion, but has no obligation to correct any errors or omissions in any portion of the Website. Anode may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for communication and informational purposes only and should not be construed as technical advice of any manner.

You agree and understand that while Anode has made reasonable efforts to safeguard the Website, Anode cannot and does not ensure or make any representations that the Website or any of the information provided by You cannot be hacked by any unauthorised third parties. You specifically agree that the Website and/or Anode shall not be responsible for unauthorised access to or alteration of Your transmissions or data, any material or data sent or received, or not sent or received, or any transactions entered into through the Website.

You hereby agree and confirm that the Website and/ or Anode shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by You due to unauthorised access of the Website by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorised third party(including those which are although sent representing the name of the Website of and/or Anode have not been authorised by the Website and/or Anode) which is in violation or contravention of these Terms of Use or the Privacy and Cookies Policy.

You will be solely responsible for any damages to Your computer system or loss of data that results from the download of any information and/or material.

INDEMNITY

You accept all responsibility for and hereby agree to indemnify and hold harmless Anode, its owner, licensee, affiliates, partners, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from and against any actions taken by You or by any person authorised to use Your account, including without limitation, disclosure of passwords to third parties. You further agree to indemnify and hold harmless, Anode, its owner, licensee, affiliates, partners, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from and against any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy and Cookies Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party, or Your use of the Website or participation in any of the Website’s activities.

NO LIABILITY DISCLAIMER

In no event shall Anode or any of its subsidiaries or affiliates or partners be liable to any entity for any direct, indirect, special, consequential, incidental, statutory, punitive or any other damages whatsoever (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, arising out of the Use of this Website even if Anode is expressly advised of the possibility of such damages.

Anode will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. Anode does not warrant that this site, information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

You agree that Anode, or any of its subsidiaries or affiliates, are not liable for any damages that may occur to You as a result of Your use of the Website or its services, if any, to the fullest extent permitted by law. Further, You agree Anode, or any of its subsidiaries or affiliates, is also not liable for any damages whatsoever that may result from Your reliance on information provided on the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website, Anode and/or any of its affiliates/suppliers has been advised of the possibility of damages. You agree that under no circumstances shall Anode, or any of its subsidiaries or affiliates, be liable or responsible for consequential, indirect, incidental, statutory, or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.

SPAM POLICY

You are strictly prohibited from using this Website or any of Anode’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS AND CONTENT

Anode may occasionally post links to third-party websites or other services. You agree that Anode is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to or from this Website.

MODIFICATION AND VARIATION

Anode reserves the right, but has no obligation to, from time to time, to change, modify, add or remove portions of these Terms of Use at any time, without any prior notice to you. You agree that Anode has the right to modify these Terms of Use or revise anything contained herein. Further, you agree that all modifications to these Terms of Use are in full force and effect immediately upon posting on the website and that modification or variations will replace any prior versions of the Terms of Use unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Use.

  1. You agree to routinely monitor these Terms of Use and refer to the Effective Date posted at the top of these Terms of Use to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Use.

  2. You agree that Your continued use of this Website after any modifications to these Terms of Use is a manifestation of Your continued assent to and acceptance of these Terms of Use.

  3. In the event that You fail to monitor any modifications to or variations of these Terms of Use, You agree that such a failure shall be considered as an affirmative waiver of Your right to review the modified Agreement.

  4. You agree that Your use of the Website after any modification or variation may be restricted till the new/edited/modified/changes terms are accepted.

ENTIRE AGREEMENT

The Terms of Use/ Agreement, along with the Privacy and Cookies Policy of this Website and applicable policies which are incorporated herein by way of reference, constitutes the entire understanding between the Parties - Anode and You - with respect to any and all use of the Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

SERVICE INTERRUPTIONS

Anode may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis, without any prior notice to You. You agree that Your access to the Website, may be affected by unanticipated or unscheduled downtime, for any reasons, but that Anode shall have no liability for any damage or loss caused as a result of such downtime.

CONTACT US

Please contact us at info@anodegovernancelab.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Ms. M. Divya Krishnakumar

Email: grievance@anodegovernancelab.in

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other modes of communication, electronic or otherwise.

TERM, TERMINATION AND SUSPENSION

Anode may immediately, sans prior notice, deny You access to the Website, and terminate these Terms of Use with You, with or without cause, with no obligation to provide You with a reason. Anode specifically reserves the right to terminate these Terms of Use if You violate any of the terms outlined herein, including but not limited to, violating the intellectual property rights of Anode or a third party, failing to comply with applicable laws, or other legal obligations, and/or publishing or distributing illegal material.

If You are dissatisfied with the Website or its services or any portion thereof, or do not agree with these Terms of Use or any part thereof, your only recourse and exclusive remedy shall be to stop using the Website.

At the termination of these Terms of Use, any provisions that would be expected to survive termination, either through explicit reference or implicitly by their nature shall remain in full force and effect.

GOVERNING LAW

Through the use of the Website or its services, You agree that the laws of the Republic of India, without regard to principles of conflict laws, will govern these Terms of Use, or any dispute of any sort that might arise between You and Anode or its affiliates and/or subsidiaries.

JURISDICTION and VENUE

In case of any dispute, specifically permitted under these Terms of Use, is initiated, the Parties agree to submit to arbitration under the exclusive jurisdiction of the courts at Bangalore, India. The Parties agree that this mode of dispute resolution and this choice of law, venue, and jurisdiction provision is not permissive, but mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrines.

GENERAL PROVISIONS

  1. Language: All communications made or notices given pursuant to these Terms of Use shall be in the English language.

  2. Severability: If any part or sub-part of these Terms of Use is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms of Use shall continue in full force and effect.

  3. No Waiver: In the event that Anode fails to enforce any provision of these Terms of Use, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart shall not constitute a waiver of any other part or subpart.

  4. Headings for Convenience Only: Headings of parts and subparts under these Terms of Use, including those additional terms and conditions and applicable policies referenced herein or available by hyperlink, are for convenience and organisation, only. Heading shall not affect the meaning of any provisions of these Terms of Use.

  5. No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of the Terms of Use. Neither Anode nor You have the authority to bind the other to third parties.

  6. Electronic Communications Permitted: Both Parties are permitted electronic communications under these terms of service, including email. For any questions or concerns please mail us at (insert email id)

  7. Survival: Any provision of this Terms of Use which by its terms imposes continuing obligations, whether explicitly or implicitly, on either of the Parties shall survive termination of this Agreement.