By accessing this www.athenapartners.in website (including extensions thereof) (“Website”), you (which term includes the information on the products and services available on the Website as well as the individual accessing the Website) agree to be bound by these Terms and Conditions of Use of the Website (“ToU”). These ToU include the terms and conditions set forth herein, the disclaimer, the privacy policy and any other terms incorporated by reference herein. We request to read the terms of these ToU carefully, and if you do not agree to the terms of these ToU, you must immediately stop use of this Website.

Athena Partners Private Limited (collectively with its affiliates, “APPL“) is the owner of this Website and reserves the right, at its discretion, to modify and/or update these ToU at any time. You are requested to check these ToU periodically for modifications and/or updates. Using this Website following the posting of modifications/ updates to these ToU indicates that you accept them as modified/ updated.

The terms and conditions in the ToU apply in connection with the access and use of this Website. APPL makes available information on certain products and services on the Website, which may be subject to specific terms and conditions applicable to such products and services accessible when such a product or service is requested. Please note that these ToU are in addition to, and do not override, the specific terms and conditions that apply to the products or services made available by APPL through this Website.

Each user of this Website agrees as follows:

  • Use of the Website

If APPL agrees to grant you access to this Website, such access shall be a non-exclusive, non-transferable and limited license to use and access this Website solely in accordance with these ToU. APPL may revoke or suspend such license at any time, at APPL’s sole discretion.

The following acts in relation to the Website are prohibited: –

  • To re-use, reproduce, edit, alter, enhance or tamper with, decompile, reverse engineer, disassemble, attempt to discern the source code of the Website or the products contained therein or reduce any portion of the Website to readable form, or modify or interfere in any way with the same or any part thereof;
  • make error corrections to or otherwise modify or adapt the Website to create, or permit to be created, derivative works from the whole or any part of the Website or the products contained therein or modify or incorporate them in any other work, publication or website, whether in hard copy or electronic format;
  • to restrict or inhibit any other user from using and enjoying this Website;
  • To access data not intended for your use or trespass, break into, access, log onto, use or attempt to trespass, break into, access, log onto or use any server or account that you are not authorized to access;
  • to access or use the Website for an unlawful purpose;
  • to access the Website through an impersonation;
  • To do any act which is inconsistent with or exploitative of any Intellectual Property or goodwill of APPL; or
  • use of the Website through mechanical, programmatic, robotic, scripted or any other automated means.

You shall promptly inform APPL if you become aware of: –

  • Any unauthorized/ prohibited use of the Website or the products contained therein;
  • Any actual, threatened, or suspected infringement of any intellectual property of APPL; and
  • Any claim by any person that the Website or the products contained therein infringe the intellectual property or other rights of any Person.

If you are using a browser which enables “offline browsing” that allows you to download content from a website and read it later, please note that you may download a small proportion of the content on the Website on any single computer solely for your personal and non-commercial use. APPL reserves the right to block your access to the Website upon non-compliance with this clause.

APPL reserves the right to monitor all activity and take reasonable action to protect this Website from unauthorized use.

APPL makes available information on certain products and services on the Website, not all of which are available to all persons in all geographic areas. Accordingly, you may not be eligible for all the products or services indicated by APPL on the Website. APPL reserves the right to determine the availability and eligibility for any product or service.

 

Intellectual Property

Except as otherwise provided on this Website, all trademarks (whether or not registered), logos, domain names, copyrights, content, information, business methods, graphic representations, designs and documentation, audio, video, graphics, icons, images, databases and content posted on this Website as well as the “look and feel” of this Website and the source and object code of the Website (collectively, “Intellectual Property“) is the property of APPL and/or its licensors in which APPL and/or its licensors has a proprietary and protectable interest. Neither the posting of the Intellectual Property on the Website nor the License permitting you to access and use the Website constitutes a waiver, transfer, assignment or license of the proprietary rights in the Intellectual Property to you or to any third party.

You may use the said Intellectual Property only with the prior written consent of APPL or its respective owners, provided that you will acknowledge APPL as source and owner of the Intellectual Property used and provide a clear stipulation to the effect that you have no proprietary right on the said Intellectual Property.

You shall further, at the request and expense of APPL, do all such things as may be reasonably required to assist APPL in taking or resisting proceedings in respect of any infringement or claim in relation to the Intellectual Property of APPL and in maintaining the validity and enforceability of the Intellectual Property of APPL.

  • Confidentiality

You agree to hold any Confidential Information (as defined below) you obtain in confidence and, unless required by applicable law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than as permitted by APPL through its prior written consent.

You agree to take all reasonable steps and implement all reasonable security measures to ensure that Confidential Information is not disclosed or distributed by you or your employees or agents in violation of the terms of this ToU.

For purposes of these ToU, “Confidential Information” means any and all information about APPL or this Website or about the contents, materials and databases forming part of the Website including without limitation, ideas, designs, codes, algorithms, programmes or other technical descriptions, data flow charts, logic flow charts, user manuals, data structures, formulae, improvements, know-how, techniques, R&D, specifications, prototypes, reports, agreements, technology and technical and manufacturing procedures, programmer notes, design rights, scripting, pricing/profitability models, strategies, forecasting models, Intellectual Property, policies and procedures, developments, plans, business plans, proposals, technical data, financial and marketing plans and customer and supplier lists and information and personal information about other users of the Website, which are (i) not disclosed generally to the public, (ii) accessible only through a valid username and password, and/or (ii) accessible only by way of reverse engineering, decompiling or dissembling the code of the Website.

  • Linking Policy

For terms and conditions as to linking to the Website and links from the Website, please read our Linking Policy.

  • Advertisements

APPL may accept advertising material sent by third parties for display on the Website. Advertisers are responsible for ensuring that the material submitted by them complies with applicable law. APPL disclaims any liability or responsibility as to the contents of such advertising material. APPL reserves the right to change, suspend or omit any advertisement at its absolute discretion. Some of these advertisements may contain links to third party websites, which would be subject to the terms of our Linking Policy.

 

  • Confidentiality of communications

If you send a message to this Website or post anything on it, such as (but not limited to) an email to the webmaster / administrator of Website you hereby grant to the webmaster / administrator the right to read, distribute, disclose and otherwise use the communications in accordance with the Website Privacy Policy or, if not covered by the Privacy Policy, as it deems appropriate in its sole judgment.

Note that when required by lawful order, APPL shall be required to provide information on the contents posted or shared on this website to government agencies who are lawfully authorized for investigative, protective, cyber security activity. The information or assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force.

 

  • General

You acknowledge that some systems/software may not be capable of supporting all the features contained on the Website and you have made appropriate investigations into the same.

The License granted to you hereby to use/access this Website and your registration on this Website are personal to you and not capable of assignment, transfer or transmission on death.

APPL reserves the right to do the following at any time without notice: (i) amend, revise, modify, enhance, update the features and content of the Website and for that purpose to suspend access to the Website for a temporary period, (ii) change the uniform resource locator / domain name of the Website, (iii) assign or

transfer its rights and obligations in relation to the Website to any person.

You agree to indemnify and keep indemnified APPL, its officers, directors, employees, agents, successors and assigns from and against all loss or damage arising out of or in connection with breach of the ToU (including unauthorized use of the products and services made available on the Website). The indemnity shall be without prejudice to any other remedies or recourses available to APPL under applicable laws or the ToU.

The provisions of these ToU are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these ToU, and the ToU will be construed as if such unenforceable provision had not been contained therein. No waiver by APPL of any right under of provision of these ToU will be deemed to be either a waiver of any other such right or provision of a waiver of that same right or provision at any other time.

These ToU will be construed in accordance with the laws of India, without regard to its conflict of law provisions. Your use of this Website and availing of any products and services made available by APPL on the Website shall be subject to the exclusive jurisdiction of the courts of Mumbai, India in respect of any dispute or difference arising out of such use. Provided that APPL shall be entitled to move any court/tribunal, which may have jurisdiction in the matter.