Gaurav Tiwari which is located at gauravtiwari.org (‘site’ or ‘blog’, hereafter) is a personal blog on web, tech, education and much more. Please read this agreement carefully before accessing or using the site. By accessing or using any part of the site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services.
- Registering on the Site You should not try to login to our dashboard by any unethical mean. Posting comments does not require any signing up. But if you are looking to contribute with us – you can register for an account and start publishing by sending an email as given to the bottom of this page. If you register with us, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog.
- Writing content on the Site Visitors are allowed to comment on blog posts by simply providing basic details like name and email. Registered users can write and edit content from any part of the Site with prior publication.
- You must make sure that the comment you publish
- is not off-topic. Never use unethical words, bad-links and SEO keywords in comments. If you do any of them, you’ll be suspended without a warning. We have zero tolerance policy about spam.
- Also make sure that the content you post
- is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- You must make sure that the comment you publish
- Content you submit By submitting content/comments to website, you transfer the copyright to Gaurav Tiwari. You agree to not-to-use or republish any content from the Site for commercial purpose without written permission of Gaurav Tiwari.
- Your acceptance of these terms By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
- TrademarksThe third party product names, for example WordPress, WordPress.com, Google etc., are registered trademarks of their respective owner companies.
- Link to third party sitesThird party site links on this site are only for your convenience and we have no responsibility and control on third party links. Some external links may be used to generate revenue for the Site’s development but still we do not take any responsibility about the same. If any link is misleading or broken, please report to us.
Mobile App/PWA Terms
By downloading and using the app, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the app or use any services.
- You must be 7 years or old before you access this site.
- Readers are allowed to comment on blog posts by simply providing basic details like name and email. Registered users can write and edit content from any part of the Site with prior publication.
You must make sure that the comment you publish
Also make sure that the content you post
By submitting content/comments to website, you transfer the copyright to Gaurav Tiwari. You agree to not-to-use or republish any content from the Site for commercial purpose without written permission of Gaurav Tiwari.
Your acceptance of these terms
By using the app, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our app. Your continued use of the app following the posting of changes to this policy will be deemed your acceptance of those changes.
The third party product names, for example WordPress, WordPress.com, Google etc., are registered trademarks of their respective owner companies.
Third party site links on the app are only for your convenience and we have no responsibility and control on third party links. If any link is misleading or broken, please report to us.
- If you have any questions/queries, please visit our Contact Page or send your complaints to firstname.lastname@example.org.
If you have any questions/queries, please visit our Contact Page.
Creative Services Terms and Conditions
3.1 The Customer shall pay all fees due in respect of the provision of the Services to Incisive (or its designee) in accordance with the terms of the Order and any applicable invoice.
3.2 Incisive shall reimburse all fees previously paid by the Customer in respect of the Services net of any deposit due in the event that any survey comprised within the Product generates fewer than 100 (one hundred) responses from third party recipients.
3.3 All sums due to Incisive under this Agreement are exclusive of VAT.
3.4 The provisions of this clause 3 shall remain in effect notwithstanding termination or expiry of this Agreement until the settlement of all subsisting claims by Incisive.
- LICENCE AND RESERVATION OF RIGHTS IN THE SERVICES
4.1 Incisive retains all Copyright and other intellectual property rights in the Products, Services and Leads throughout the world and hereby grants to the Customer the non-exclusive right to copy and reproduce the Product in whole, partial or adapted form, for its own business purposes.
4.2 The Customer shall procure that its employees or agents and those of its Affiliates do not:
- Attempt to duplicate or modify any portion of the Products except as expressly permitted in this Agreement; or
- Alter any part of the Products.
4.3 the Customer shall defend, indemnify and hold Incisive harmless against claims, actions, proceedings, losses, damages, expenses and all costs directly arising out of or in connection with the Customer’s breach of this Agreement, provided that:
- the Customer is given prompt notice of any such claim;
- Incisive provides reasonable co-operation to the Customer in the defence and settlement of such claim, at the Customer’s expense; and
- the Customer is given sole authority to defend or settle the claim.
4.4 the Customer acknowledges that it retains responsibility for configuring its information technology, computer programs and platform in order to access any part of the Products provided by computer networks and for the deployment of anti- virus software.
5.1Incisive warrants that:
- as far as it is aware, the exploitation of the rights granted by this Agreement has not infringed, and will not infringe, the rights of any third party; and
- the Products will contain nothing that is defamatory or obscene, or unlawful in any other way.
5.2 Incisive warrants that the Leads shall be free from all known viruses to the extent that any such viruses are reasonably capable of prior detection, and that they have been prepared with reasonable care and skill.
5.3 Incisive represents and warrants that each of the relevant individuals whose personal details are comprised within the Leads has provided his or her consent pursuant to the Data Protection Act 1998 permitting the use thereof as contemplated in this Agreement.
5.4 The Customer shall provide all assistance and materials Incisive reasonably requires on a timely basis in connection with its delivery of the Services.
5.5 Except as expressly and specifically provided in this agreement all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
- ASSIGNMENT AND OTHER DEALINGS
6.1 The Customer shall not assign any of its rights or obligations under this Agreement or subject any of its rights or obligations under this Agreement to any mortgage, charge, pledge, lien, option or anything equivalent.
6.2 The Customer shall not copy or otherwise redistribute the Leads. The Customer shall indemnify and keep indemnified Incisive against all claims, costs, loss, damages and expenses arising from any breach of the foregoing restriction.
6.3 Incisive shall not assign any of its rights or obligations under this Agreement or subject any of its rights or obligations under this Agreement to any mortgage, charge, pledge, lien, option or anything equivalent.
7.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party’s Confidential Information shall not be deemed to include information that:
- Is or becomes publicly known other than through any act or omission of the receiving party; or
- Was in the other party’s lawful possession before the disclosure; or
- Is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
- Is independently developed by the receiving party, which independent development can be shown by written evidence; or
- Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
7.2 Each party shall hold the other’s Confidential Information in strict confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
7.3 Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed except in accordance with the terms of this Agreement.
7.4 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
7.5 This clause shall survive termination of this Agreement, however arising.
7.6 Incisive shall not publicize in any manner information regarding the existence of this Agreement or its terms, including, without limitation, the Customer’s identity, without the prior written consent of the Customer, provided, however, that Incisive shall not be prohibited from making disclosures to the extent required by law, provided further, that, Incisive shall immediately notify the Customer of such requirement, prior to any disclosure.
8.1 This clause sets out Incisive’s entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:
- Any breach of this Agreement;
- Any use made by the Customer of the Products or Services or any part thereof; and
- Any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.
8.2 Nothing in this Agreement excludes Incisive’s liability:
- For death or personal injury caused by its negligence; or
- For fraud or fraudulent misrepresentation.
8.3 Subject to clause 8.2 above:
- Incisive shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
- Incisive’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the fees due pursuant to clause 3.1 above.
8.4 Under this clause 8, Incisive’s liability includes that of any Affiliate and its and their respective agents, employees and sub-contractors.
8.5 Incisive shall have no liability to the Customer under this Agreement if it is prevented from or delayed in performing its obligations or from carrying on business by acts, events, omissions or accidents beyond its reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
9.1 Either party may terminate this Agreement with immediate effect by giving written notice if:
(a) the other commits a material breach of any term of this Agreement (other than failure to pay any amounts due under this Agreement) and (if such breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so; or
(b) the other party becomes Insolvent within the meaning of section 123 of the Insolvency Act 1986.
9.2 On termination of this Agreement for any reason:
- All licences granted under this Agreement shall immediately terminate;
- Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
10.1 Incisive may at any time set off any liability it owes to the Customer against any liability of the Customer to Incisive, whether any such liability is present or future, liquidated or unliquidated, under this Agreement or not. Any exercise by Incisive of its rights under this clause shall be without prejudice to any other rights or remedies available to it under this Agreement or otherwise.
10.2 Each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to this Agreement.
10.3 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.4 This Agreement constitutes the entire Agreement between the parties and supersedes all previous Agreements between the parties relating to its subject matter. Each of the parties acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether negligently or innocently made) other than as expressly set out in this Agreement. Nothing in this clause shall limit or exclude any liability for fraud.
10.5 No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.6 If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
10.7 No person other than a party to this Agreement shall have any rights to enforce any term of this Agreement.
10.8 This Agreement may not be assigned, transferred, sub-licensed, or charged by either party without the prior written consent of the other save in respect of its Affiliates.
10.9 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
10.10 This Agreement comprises the Order and the terms and conditions set out herein. In the event of any conflict, the Order shall prevail.